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City Council
2002 Minutes & Agendas: Minutes - March 19, 2002



Minutes of the Centerville City Council meeting held Tuesday, March 19, 2002 at 7:04 p.m. in the Centerville City Council Chambers, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT:

Mayor: Michael L. Deamer

Council Members:
David R. Gill
Brian Gold
R. Dean Layton
Debbie L. Randall
Nancy F. Smith

STAFF PRESENT:

Steve H. Thacker, City Manager
Blaine L. Lutz, Finance Director/Asst. City Manager
Randy Randall, Public Works Director
Paul Allred, Community Development Director
Lisa Romney, Assistant City Attorney
Connie Larson, Recording Secretary

VISITORS:

Sherri Lindstrom, Maureen Huffaker, Roger Barrus, Ann McGee, Mike Moyer, Don Atkinson, T. J. Peters, Wayne Carlson, Phil Anderton, Renee Turner, The Clipper

PLEDGE OF ALLEGIANCE: Mayor Michael Deamer

PRAYER: Councilwoman Randall

COMMENDATIONS AND AWARDS

Mayor Deamer commended Randy Randall, Public Works Director, and Mike Carlson, Water Division Supervisor, for the Award of Excellence for water systems above 10,000 population that was presented to Centerville City at the recent Rural Water Association of Utah conference in St. George.

OPEN SESSION

There was no one wishing to comment.

MINUTES REVIEW AND ACCEPTANCE

Councilman Gill made a motion to approve the March 5, 2002 City Council meeting minutes. Councilman Layton seconded the motion, which was passed by unanimous vote (5-0).

Councilwoman Smith made a motion to approve the March 5, 2002 City Council closed meeting minutes. Councilman Gill seconded the motion, which was passed by unanimous vote (5-0).

BUSINESS

Summary Action Calendar

Councilman Gold made a motion to approve the Summary Action Calendar Items A - F, including request from Jack Dellastatious that a portion (two street banners and one flag) of the Olympic memorabilia be donated to the Davis School District Foundation, based on the assumption the community will benefit from the use of funds from the Foundation’s auction of these items and that preference be given to Centerville citizens on the purchase of Olympic memorabilia. Councilwoman Smith seconded the motion, which was passed by unanimous roll call vote (5-0).

Items approved were:

a. Termination of two-year warranty period for Chase Lane Meadows Subdivision Plats 3 and 4.

b. Partial release of public utility and storm drain easement from Steve Felt on property located at approximately 120 West 1350 North.

c. Acceptance of public utility and storm drain easement from Steve Felt on property located at approximately 120 West 1350 North.

d. Prices for resale of Olympic memorabilia.

e. Resolution No. 2002-10 proclaiming March 23, 2002 "Scouting for Food Day" in Centerville.

f. Bid award to Kapp Construction in the amount of $80,792.60 for labor and to Morgan States Supply in the amount of $21,055.65 for materials for the 200 South waterline/storm drain project.

PROPOSED INCREASE IN CENTERVILLE CITY CULINARY WATER RATES

a. Staff recommendation regarding rate increase.

Blaine Lutz, Finance Director, referred to the Capital Facilities Finance Plan that was prepared by Lewis Young Robertson & Burningham, Inc. This consulting firm analyzed the City’s capital facilities needs for the next five to six years and how the infrastructure should be financed. Upcoming needs include storm drain and subdrain facilities, a new water storage tank, a new water well, and fluoridation equipment.

Financing

It is estimated the total cost of the capital projects will be $7,000,000. Financing will be obtained as follows:

Pay-As-You-Go: $2,007,451

Developer Contributions: $393,175

Series 2002 Revenue Bonds: $2,673,768

Series 2003 Revenue Bonds: $1,123,976

Series 2006 Revenue Bonds: $1,172,765

Conclusion:

It is necessary to have a water rate increase, as the City will be in severe financial difficulty without it. The monthly increase needed per unit is summarized as follows:

Fluoridation O&M .87

Fluoridation Capital Costs 1.43

Capital Reserve Requirement 1.00

Additional Monthly Cost Per Unit 3.30

b.Mayor Deamer opened the public hearing for comments.

Phil Anderton, 251 North 500 East

Mr. Anderton asked what a residential account comprises. Mr. Lutz explained a residential account is a connection. Mr. Anderton asked if there are limits on the rainy day fund. Mr. Lutz replied there are no limits on the rainy day fund because it is an enterprise fund. Mayor Deamer explained facilities must be improved to accommodate fluoridation. He also said the City is trying to create water independency.

Sherri Lindstrom, 224 West Porter Lane

Ms. Lindstrom said she supports the reasoning for the overall improvements, but indicated there was a rate increase on the storm drain fee a few years ago. Steve Thacker explained there was a new fee for storm water implemented in 1999 and a smaller fee for subdrains in 2001. Part of these fees will help fund the new projects. Ms. Lindstrom expressed concern about how people on fixed incomes will pay the rate increase. She is concerned that when the voters voted in fluoridation, they did not have enough information to understand what the impact would be and what can be done at this point. Mayor Deamer said the City will have a tap at the well located at 200 East and 200 South where citizens can fill bottles with unfluoridated water.

John S. Hummell, 1332 North Main

Mayor Deamer read a letter from Mr. Hummell wherein he stated he resents the fluoridation mandate and the increased water rate. He also stated the County lied on the cost of fluoridation and those who want fluoridation should be the ones to pay for it. Mr. Hummell proposed in the next Centerville Newsletter that there be an appeal for all those who voted for fluoridation to voluntarily contribute money to pay for the cost of fluoridation.

Mayor Deamer closed the public hearing for comments.

c. Resolution No. 2002-08 increasing Centerville City culinary water rates.

Councilman Gill asked for an explanation on why the County’s estimate was different from the City’s estimate. Steve Thacker explained the estimates were different because the County used information based on national costs that are driven by large city experience where they treat surface water at a single point. Centerville obtains most of its water from eight wells, which means there are eight different sources that need to have equipment, which increases the cost.

Councilman Gill made a motion to approve Resolution No. 2002-08 to increase the culinary water fees for the City of Centerville with the changes given. Councilman Gold seconded the motion, which passed by a roll call vote of (4-1). Councilwoman Smith voted against the motion.

Councilwoman Smith stated the reason for her dissenting vote is the fee is an unfunded mandate; that the City’s residents were grossly misinformed and it will create a hardship on many citizens of Centerville.

RESOLUTION NO. 2002-09 SUPPORTING THE IMPLEMENTATION OF THE DAVIS COUNTY SHORELANDS COMPREHENSIVE LAND-USE MASTER PLAN

Mayor Deamer reported the Davis County Commission has adopted the Davis County Shorelands Comprehensive Land-Use Master Plan. Commissioner Carol Page has asked that the City Council consider a resolution expressing support for the Shorelands Plan. Steve Thacker stated the area most directly affected by the plan in Centerville is the same land to be purchased by UDOT for the Legacy Nature Preserve.

Councilwoman Smith made a motion to adopt Resolution No. 2002-09 as amended supporting the implementation of the Davis County Shorelands Comprehensive Land-Use Master Plan. Councilwoman Randall seconded the motion, which was passed by unanimous roll call vote (5-0).

BAMBERGER STATION PUD - REVIEW AND AFFIRM PLANNING COMMISSION’S TENTATIVE CONCEPTUAL APPROVAL.

Paul Allred, Community Development Director, explained the Planning Commission approved three conceptual plans for the Bamberger Station PUD at their February 13, 2002 meeting. The Planning Commission told the developer to return and work on one of the plans in a work session, which he did. The Planning Commission was supportive of the plan but forwarded the plan for Council’s review. Mr. Allred also said the concept plan is a sketch plan for the Council to give direction to the applicant on what needs to be done.

Mayor Deamer distributed a letter from Maureen Huffaker on the proposed development.

Don Atkinson, representing John Clark, distributed Plan "M" to the City Council. Mr. Atkinson said that Mr. Clark is looking for feedback from the City Council on the general concept of the plan.

Councilwoman Smith said she would like to see clustering of the housing units so that there is common open space. She also said there needs to be amenities within the PUD that are common and available to those that live there so that it will be hospitable. The other Council members concurred with this statement.

Lisa Romney, Assistant City Attorney, stated the Planning Commission made a final decision on the concept plan, with the exception of a few details. The details were worked out in a work session and the plan was not changed significantly. The ordinances do not require a public hearing by the City Council when a concept plan is referred to the City Council. Councilwoman Randall stated she is concerned that the plan did not come with specifics to consider in order to accept or reject.

Councilman Gold made a motion to remand the conceptual plan back to the Planning Commission with Plan "M" to be reconfigured to have larger areas of open space, including sidewalks on both sides of the street, and that the concerns of Maureen Huffaker be addressed on the egress and ingress on her property. The plan must include a minimum of 47 percent clustered open space. Councilwoman Smith seconded the motion.

Councilman Gold amended his motion to remand the conceptual plan back to the Planning Commission with the open space to be reconfigured to a minimum of 47 percent; if the private road becomes a public road, that the additional right-of-way could reduce the percentage of open space; and that the open space be clustered together. If the Planning Commission would like the conceptual plan reviewed by the City Council again, they must provide a list of specifics they wish to be considered. There must be sidewalks on both sides of the street and the ingress and egress of the Knighton, Samuelson, and Huffaker properties must be addressed. Councilwoman Smith seconded the motion, which was passed by unanimous vote (5-0).

At 8:45 p.m., the City Council adjourned for a break. At 8:58 p.m., the City Council meeting was reconvened.

BAMBERGER STATION 2 SUBDIVISION FINAL PLAT

Paul Allred stated the Planning Commission recommends approval of the final plat based on the following:

1. Finalize a boundary agreement/property exchange document with John Clark for the small northerly parcel and record after final plat approval by the Council and recordation of the subdivision.

2. Forward a recommendation to the Council to vacate a small portion of the Walton Lane right-of-way and allow for it to be included eventually in the plat. Also, staff would recommend that the Planning Commission indicate to the Council that the four-foot dedication along 160 West should be considered as more than acceptable compensation for the Walton Lane land.

3. Since most of the utility easements are on the back of the lots, staff recommends there be no public utility easements required on each of the lots, and that easements not be required on the sides.

Councilwoman Randall recommended at least one easement be required on the side yard of each lot. Private lots are not to be used to access easement from adjacent private driveways

Councilwoman Smith expressed concern about not having easements on the sides of all the lots. She read from Municipal Code Title 15-5-106, Item 8, which states "all lots shall have front-and rear-yard easements and at least one side easement." Paul Allred said an easement is not required to have access to the property, but an easement is required to work in.

Wayne Carlson, property owner, said the utility companies met and saw the plan and they agreed that no more easements are required. If more easements are required, it could create a burden in placing detached structures. The easement on the rear yard is 18-feet and there is another 20-foot easement where the Lindstrom driveway is located.

Councilwoman Smith said she is concerned that there are no building footprints shown on the subdivision, so it is not clear how the homes will be positioned. She said Lot 1 should be the deepest lot, not the smallest because Porter Lane is a major collector street and all homes on Porter Lane should sit at least 30 feet back. Wayne Carlson said the homes on Porter Lane and 160 West have a 20-foot set back. Councilman Gold stated the lots are the property of the property owner and he can orient the lots how he chooses as long at it complies with the ordinance. He said it is the Council’s obligation to approve the final plat and anything less than approval could be construed as defacto condemnation. Councilwoman Smith said Lot 1 is on the corner and should be facing Porter Lane. She also read from the Master Plan Ordinance Section 12-3-23 for the R-1-85 Zone which states "on corner lots, the side yard which faces the street shall be not less than 20 feet for both main and accessory buildings, except where a side yard abuts an arterial or collector, the requirement is then 30 feet." Municipal Code Title 15, Section 15-5-102(5) also states "Corner lots for residential use should be platted 10 feet wider than interior lots in order to facilitate conformance with the required street setback requirements of the Zoning Ordinance." She said her proposal is to make this development blend in with the existing properties that are already there. Councilman Layton proposed making Lot 1 larger and one of the interior lots smaller.

Lisa Romney stated the Council is bound by the ordinance provisions that are in the Code. She said she reviewed the Subdivision Ordinance that discusses variances and the Council has the authority to vary any of the provisions of the Subdivision Ordinance upon recommendation of the Planning Commission.

Councilwoman Smith indicated the plat does not show where the boundary line is for the Ann McGee and Lindstrom properties. Wayne Carlson stated that Fred Campbell surveyed the property boundary lines and he said they are accurate. Councilwoman Smith said the final plat must show boundary lines of surrounding properties. Paul Allred replied the final plat does not need to include the boundary lines as the County Recorder does not require it.

Councilwoman Smith made a motion to table the final plat approval for the Bamberger Station 2 Subdivision for further discussion in a closed meeting this evening. Councilman Layton seconded the motion.

Councilman Gold expressed concern that if this item is tabled to go into a closed meeting, that it could have an effect on the value of the property and could create a defacto condemnation.

Councilman Gold made an alternate motion to approve the final plat of the Bamberger Station 2 Subdivision with the following conditions:

1. Finalize and record a boundary agreement/property exchange document with John Clark for the small northerly parcel prior to final plat approval by the City Council.

2. Vacate a small portion of the Walton Lane right-of-way and allow for it to be eventually included in the plat. A four-foot dedication along 160 West be considered more than acceptable compensation for the Walton Lane land. This is subject to the statutory procedures.

3. Accept the plat with the normally required easements on the three sides of the lots, since there are already two public utility easements on the front and back of the lot.

The utility companies have approved the easements and they are acceptable, as long as the City Engineer approves. The applicable ordinances concerning the side yard and the front yard need to be complied with on all lots, including the side lot. Any front-facing garage shall be set back no less than 20-feet from the sidewalk.

Councilman Gill seconded the motion, which failed by a vote of (2-3). Council members Layton, Randall, and Smith voted against the motion.

Councilwoman Smith said the Planning Commission minutes of March 13, 2002 do not address setback requirements, architectural design, footprint layout and other matters as required in the conceptual and final site plan requirements as identified in Section 12-350-1 of the Planning and Zoning Ordinance.

Councilwoman Smith made a motion to table the Bamberger Station 2 Subdivision final plat approval in order to give staff time to address the issues discussed and to provide written recommendations as to why they are recommending no third easement on the side of the lot; whether the remnant parcel should be included in the plat and the zoning of that parcel; the vacation of the Walton Lane right-of-way; setback requirements on the corner lot must be clarified in writing. Councilwoman Randall seconded the motion, which was passed by unanimous vote (5-0).

ACTING AS BOARD OF EQUALIZATION OF WATER RATES, CONSIDER REQUEST FOR WATER BILL ADJUSTMENT

Steve Thacker reported that Richard Worthen indicated he would attend the meeting but is not present. Mayor Deamer read a letter dated March 6, 2002 from Porter Lane Wholesale Nursery that asks for a credit of $706.00 for four months on their water bill, as they failed to contact the City that they wanted their meter turned-off during the months of November, December, January, and February.

Staff does not support a credit for the months of November, December, and January. An administrative credit of $176.50 has been made for the month of February 2002.

Councilwoman Smith made a motion to not credit the months of November 2001, December 2001, and January 2002 in the amount of $706.00. The reason for the non credit is there is nothing the City failed to do. Councilman Layton seconded the motion, which was passed by a vote of (4-0). Councilman Gold abstained from voting.

SOLICITING PROPOSALS FOR DEVELOPMENT OF VILLAGE CENTER SITE

Mayor Deamer explained that Steven Blackham has been sending e-mail messages to developers soliciting development proposals regarding the 50-acre site between Porter Lane and Parrish Lane. Mayor Deamer’s concerns are:

1. Should the City be engaged in activity where we are soliciting developers for private property owners?

2. Is there a person purporting to act on behalf of the City? If the City is aware of it, this creates apparent authority in an agent by the conduct of the principal. Could this create legal exposure for the City?

Paul Allred said Mr. Blackham has made it clear that he is a "tour guide" for the City. He has stated he is not representing the City and that he is only an interested citizen and a member of the Steering Committee. He also said Mr. Blackham’s overriding concern is if there was a master plan for the 50-acre site, that the right kind of person would develop the property and follow the plan. Paul stated that he had been in meetings with Mr. Blackham and developers and had informed them that he was a City employee and removed himself from discussions when they were discussing issues that would be improper for a City employee to be in the room.

The City Council agreed that Mr. Blackham is not a representative of the City, and the City should not be soliciting developers for private property owners.

RECESS TO CLOSED MEETING

At 10:12 p.m., Councilman Gold made a motion to adjourn to a closed meeting to discuss the character and competency of individuals, proposed purchase of property, and settlement of litigation. In attendance were: Mayor Deamer; Council members Gill, Gold, Layton, Randall, Smith; Steve Thacker, City Manager; Blaine Lutz, Finance Director/Asst. City Manager; Lisa Romney, Assistant City Attorney; Connie Larson, Recording Secretary.

RETURN TO CITY COUNCIL

At 11:04 p.m., the regular City Council meeting was reconvened.

HALL OF FAME NOMINATION

Councilman Gold made a motion to induct Luzell Wilde into the Centerville Hall of Fame. Councilman Layton seconded the motion, which was passed by unanimous vote (5-0).

MISCELLANEOUS BUSINESS

1. February 2002 Financial Summary.

There were no questions regarding the February 2002 Financial Summary.

2. Review Draft of April 2002 Newsletter.

Suggested changes were given to the City Manager.

3. Utah League of Cities and Town (ULCT) Convention Registration.

The annual ULCT Mid Year Convention will be held in St. George April 11-12, 2002. Council members are to contact Marilyn Holje for registration if they plan to attend.

4. Quilt Donations.

Mayor Deamer reported 560 quilts have been donated, plus an additional 80 items. The quilts will be delivered to the LDS Church Humanitarian Center on March 21, 2002, for eventual delivery to Brazil.

CITY MANAGER UPDATE

a. Budget Work Session.

A Budget work session will be held on Tuesday, March 26, 2002 at 6:00 p.m.

At 11:10 p.m., Councilman Gold made a motion to extend the meeting 20 minutes and to adjourn to an RDA meeting. Councilwoman Smith seconded the motion, which was passed by unanimous vote (5-0).

 

Marilyn Holje, City Recorder
C
onnie Larson, Recording Secretary



 
 
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